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<br />or other applicable legal requirements and any guidelines adopted by the <br />Commission. <br /> <br />3. The Commission may include impact fee-funded public facilities in the City's <br />annual budget and capital improvements program. Prior to including such <br />public facilities in the budget and capital improvements program, the <br />Commission shall consider the nature of the facility, the location of the public <br />facility, the capacity to be added by the public facility, the service area of the <br />public facility, the need/demand for the public facility, and the anticipated <br />timing of completion of the public facility. <br /> <br />4. The Commission may authorize impact fee-funded public facilities at such other <br />times as may be deemed necessary and appropriate by a majority vote of the <br />Commission. <br /> <br />5. The Commission shall verify that adequate impact fee funds are or will be <br />available from the appropriate impact fee account for the particular public <br />facility. <br /> <br />D. Refunds. <br /> <br />1. Eligibility for Refund. <br /> <br />a. Expiration or Revocation of Building Permit. An applicant who has <br />paid a impact fee for a new development for which the necessary <br />building permit has expired or for which the building permit has been <br />revoked prior to construction shall be eligible to apply for a refund of <br />impact fees paid on a form provided by the City for such purposes. <br /> <br />b . Abandonment of Development After Initiation of Construction. An <br />applicant who has paid a impact fee for a new development for which a <br />building permit has been issued and pursuant to which construction has <br />been initiated, but which construction is abandoned prior to completion <br />and issuance of a certificate of occupancy, shall not be eligible for a <br />refund unless the uncompleted building is completely demolished. <br /> <br />c. Administrative Fee. A 2% administrative fee, but not to exceed $500, <br />shall be deducted from the amount of any refund granted and shall be <br />retained by the City to defray the administrative expenses associated <br />with the processing of a refund application. <br /> <br />d. Any impact fee funds not expended by the end of the fiscal quarter <br />immediately following six (6) years from the date the fee was paid shall <br />be returned to the applicant, by the City, with accrued interest. No <br />refunds of impact fees will be provided in the event the applicant does <br /> <br />Parks & Rec Impact Fee Ord <br />LMD:ch <br />7/20/01 - 11:36 AM <br /> <br />12 <br />